Dear Kami Bramley,
Thank you for your email and I ask YOU to now
accept MY apologies for the delay in responding. With the greatest respect
it would seem that we BOTH need to pull up our socks a bit if we are to make any
headway with this :-) I also appreciate that the "ball is in my court", as
it were, and that you will need a far more detailed response from me than I
can give at this moment. I have been very busy and hope to address this at
the weekend.
Thank you also for your attachments - "Complaints
Leaflet July 08" in particular is most interesting - I hope you do not mind me
sharing this with the public here
and here? I have
also placed a copy of your (blank) Complaints Form here and here.
I have now evolved a formula of using the www to
detail the complaints and (where possible) links to the evidence. The
worked extremely well with the Association of Law Costs Draughtsman (ALCD) last
year and their findings are here
Putting complaints in easy to access HTML with
linked evidence "only a click away" makes life easier (and clearer) for
everyone, and (I suspect) the public nature of the complaints keeps the
Professional Body in question focused. Whatever the reason, so far the
ALCD receives top marks as "regulator" according to http://www.lcs-test.co.uk/HomeNav.htm <-- click the link and follow the navigation on the left to "Bar
Standards" - this will be a growing resource so please check back
regularly.
Anyway, to kick you off the MAIN
complaints are about David Curwen
There are also complaints about Catriona
Duthie
Though these *may* be less serious - I look forward
to your opinion.
In Duthie's "defence" she DID pull out when it
became obvious that FDC Law had pushed the bounds of decency and (on the first
of 3 occasions) signed a false declaration on a bill of costs (a habit with this
firm it seems). Still, D J James did conclude (in 2008) that D J
Rutherford had been misled over costs in 2003 (when Duthie WAS involved)
AND she was present in 2004 at my (successful) appeal before H H J
Barclay. How MUCH she knew may be moot, but I imagine the BSB is in a good
position to investigate and establish the facts. I look forward to your
views on Duthie.
Also (in both cases) I would appreciate the BSB's
opinion regarding how much of the conduct complained of is Professional
Negligence and how much is Professional Misconduct? I hope you will live
up to the aims stated in your leaflet.
I note from your leaflet that one should always
complain to the Chambers in question. This is new to me and I did not
realise this, indeed, the last piece of the jigsaw only fell into place in
October last year when FDC Liar provided documents to Nigel Long (to aid HIS
defence before the ALCD's disciplinary tribunal) and I got to see
them. So, with a view to transparency, I also CC Curwen's Unity
Street Chambers and Ms. Duthie herself.
That is probably enough for now though you will
also find some background material here
More as soon as I am able. If, in the mean
time, there is anything else you need from me? then I look forward to hearing
from you.
Kind Regards,
Spenser Poultney
PS - I think the ALCD are amazing - it seems they
may be unique as a professional body in being able to enforce THEIR rules
seemingly unfettered by "courts" or the findings of "other bodies" - if ONLY the
BIG boys (the LCS/SRA/BSB) could do as well. Here is your
chance.
----- Original Message -----
Sent: Tuesday, January 13, 2009 8:22
AM
Subject: FW: New Complaint - FDC Law, BA3
2DF
Dear Mr Poultney
Thank you for your below email which was
forwarded to me recently. I
apologise for the delay in
responding.
Please find attached our complaint pack and a set of guidance
notes. The
guidance notes should answer any questions you have. Once the
complaint form
has been completed please return it to us, either my post or
email.
I look forward to hearing from you.
Kind
regards,
Kami Bramley
Administrator
kbramley@barstandardsboard.org.uk
-----Original Message-----
From: Spenser Poultney
[mailto:spenser@lcs-test.co.uk]
Sent: 23 December 2008 00:33
To:
enquiries@legalcomplaints.org.uk
Cc: info@ilex.org.uk; BSB Contact Us;
Sheila Chapman
Subject: New Complaint - FDC Law, BA3 2DF
Importance:
High
Dear Sirs,
As a "heads up" I attach a 9-page
document and a covering letter - both MS
Word Documents. Signed
hard-copies were posted first class, "signed for", on
19th December 2008 to
the address on your web site
http://www.legalcomplaints.org.uk/how-to-contact-us.page. However, the Post
Office informed me that the "8,
Dormer Place" address now comes up on their
system as "Norton & Company,
Solicitors" (???)
Given the vagaries of the Christmas post and the
query over your current
address, I ask you, please, to acknowledge receipt of
this email.
I also ask ILEX and the Bar Council to acknowledge
receipt. In ILEX's case I
do not expect that you will take up the
complaint against Elaine Pitman until
the LCS/SRA has dealt with the
solicitor complaints (unless things have
changed?) - but please acknowledge
receipt nonetheless.
In the case of the Bar Council I need to know
which complaints you will now
address? There are OLD complaints against
Catriona Duthie - but since the
Court did not conclude that District Judge
Rutherford had been misled (in
2003) until 25th June 2008 - these complaints
could not be brought (properly)
any earlier. The same goes for SOME of
the complaints against David Curwen -
others are later but we were STILL
missing pieces of the puzzle until October
2008 (all thanks to Nigel Long for
trying to justify his own misconduct).
The third attachment, the
PDF should interest you ALL...
Top marks go to the ALCD.
Nigel Long was only a "minor player" (though a
long-running one) in this
Firm's misconduct - and yet his fine was £5,000
with £500 costs - nor did the
ALCD have to wait on others (e.g. ILEX waiting
on the Law Society) in order
to take action. The two heads upon which the
ALCD has already found are
the first two heads against FDC Law... Indeed, we
see the stunt that the
"Incompetent" (H H J Cardinal, 2005) Patricia Wayman
pulled in 2004 being
mimicked in 2008 by her arrogant and stupid understudy,
Ben Whelan. May
I suggest this would NOT have happened if the Law Society
had been even 10%
as good at the ALCD at enforcing it's own rules?
Disciplinary action against
this firm is long overdue and this repeat
performance by Whelan shows that
disciplinary action is probably the ONLY way
to bring this firm into line and
to protect the public from their
incompetence [SIC], dishonesty and
greed.
Beyond acknowledging receipt I do not expect any further
action this side of
the New Year. Over the break I will flesh-out the
complaints (particularly
for ILEX and the Bar Council) to make life easier
for you. Please navigate
to http://www.lcs-test.co.uk/HomeNav.htm
and follow the links on the left
hand side (more will appear over the
holiday). When this work is complete I
expect to re-send the attached
MS-Word document with updated (working) links
for your ease of navigation and
to assist your understanding.
Many thanks,
Wishing you all a
Merry Christmas etc
Spenser
Poultney
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